Ukkirapandi Vs The State of Tamilnadu Rep.by

The petitioner / Accused, who was arrested and remanded to judicial custody on 26.10.2025 for the offences punishable under Sections 8(c), 20(b)(ii)(C) and 29(1) of NDPS Act in Crime No. 480 of 2025 on the file of the respondent police, seeks bail.

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The case of the prosecution is that on 25.10.2025, when the defacto complainant police were in patrol duty, they found that the petitioner and other accused were in illegal joint possession of 24 kgs of ganja. Hence the case.

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the contraband recovered from the petitioner is 6 kgs alone, which is not a commercial quantity. He would further submit that he has been arrested and remanded to judicial custody on 26.10.2025. Therefore, prayed to grant bail for the petitioner.

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The learned Additional Public Prosecutor appearing for the

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https://www.mhc.tn.gov.in/judis

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respondent would submit that the petitioner and other accused were in illegal joint possession of 18 kgs of ganja. He would further submit that the petitioner has two previous case which are registered under IPC and the investigation is completed and charge sheet is made ready and hence, he strongly opposed to grant bail to the petitioner.

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This Court heard both sides and perused the materials available on record.

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Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that even according to the prosecution, they recovered contraband from each accused separately, but they clubbed together and mentioned them as commercial quantity and also in the same place, separate mahazar were prepared in respect of each accused and hence, the contraband recovered from the petitioner is only 6 kgs, which is not a commercial quantity and though the petitioner has two previous cases, under IPC in those cases bail was granted to him and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the

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https://www.mhc.tn.gov.in/judis

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petitioner subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released

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on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Principal Special Court for Trial of NDPS act cases, Madurai, and on further conditions that:

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[b] the petitioner shall report before the Principal Special Court for Trial of NDPS act cases, Madurai, on all working day at 10.30 a.m. and 5.00 p.m, until further orders;

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[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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[d] the petitioner shall not abscond either during investigation or trial;

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing

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such facts to the Court or to any police officer or tamper with

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the evidence;

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[f] On breach of any of the aforesaid conditions, the

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learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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(P D B J) 27.03.2026

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apd To

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